What types of Family Abuse Prevention Act restraining orders are there? How long do they last?
When you go to the court to file for a restraining order, the judge might give you a temporary restraining order. A temporary restraining order is a court order designed to provide you and your family members with immediate protection from the abuser. You may receive a temporary restraining order as soon as you file your petition, without the abuser present in court.
The temporary restraining order is legal as soon as the court grants it. However, it cannot be enforced until the abuser has been served with notice of the order. A sheriff or another qualified person will serve the abuser with a copy of the order.
After the respondent (the abuser) receives the temporary restraining order, s/he has 30 days to ask for a hearing. If the abuser asks for a hearing, it must be held within 21 days of that request. If the abuser contests (fights) the temporary order, then you will have a court hearing to determine if the temporary restraining order will continue.
Once issued, your (permanent) restraining order is in effect for one year unless:
- the order is dismissed or modified by the court;
- it is dismissed earlier by the court at your request; or
- the court renews it at your request, whichever comes first.*
Note: At the time you file your petition for a temporary restraining order, the judge may schedule an "exceptional circumstances" hearing. What is an exceptional circumstances hearing?
*O.R.S. § 107.718(3)
** O.R.S. § 107.718(2)